The recent judgment in Richard v BBC is already proving to be enormously controversial. Although only a High Court decision, it has generated the sort of debate, both in academic commentary and the popular press, not seen in a long time in privacy law. It even eclipses the reaction to Max Mosley’s successful claim back in 2008 (where the negative response came exclusively from the press). In a sense, this controversy is good, because privacy law is an area that deserves rigorous discussion about its nature and its limits. But, at times, the debate can feel frustrating – particularly when scholarship in this field is presented as a question of picking a side: ‘team privacy’ or ‘team press freedom’. Such polarisation presents press freedom and privacy as a dichotomy …
Thomas DC Bennett and Paul Wragg, ‘Was Richard v BBC correctly decided?’ 2018 Communications Law 151.